Text file: 4762.txt
author: Vitamin
downvotes: 0
end consideration date: 2013-07-12
id: '4762'
number comments: 3
number views: 2412
proposal type: Competent authority response
response: "Response from the Ministry of Justice\nBelow we explain why the Ministry\
  \ of Justice considers that the punishment of criminal acts of corruption is already\
  \ adequately regulated in the existing legislation.\nAccording to the Law on Integrity\
  \ and Prevention of Corruption (Official Gazette of the Republic of Slovenia, No.\
  \ 69/11-UPB2), corruption is any violation of the duty to act by officials and responsible\
  \ persons in the public or private sector, as well as the conduct of persons who\
  \ are the instigators of the violations, or persons who may profit from the violation,\
  \ for the purpose of directly or indirectly promising, offering or giving, or requesting,\
  \ accepting or expecting, a benefit for themselves or for another. In view of the\
  \ above, the Criminal Code (Official Gazette of the Republic of Slovenia, No 50/12-UPB2;\
  \ hereinafter referred to as the CC-1) contains a number of offences that meet the\
  \ definition of corruption, among which the most typical in the private sector would\
  \ be the unauthorised acceptance of gifts and the unauthorised giving of gifts (241.\
  \ Article 241 and Article 242 of the CC-1), and in the public sector the taking\
  \ of bribes, the giving of bribes, the acceptance of benefits for unlawful intermediation\
  \ and the giving of gifts for unlawful intermediation (Article 261, Article 262,\
  \ Article 263 and Article 264 of the CC-1) (Article 261, Article 262, Article 263\
  \ and Article 264).\nWith regard to the proposal to punish corrupt acts in the same\
  \ way as robbery to the extent of damage to the State budget or to a company, we\
  \ would first point out that robbery (Article 206 of the CP-1) is a criminal offence\
  \ committed by force or by threat of direct attack to life or limb, and that a more\
  \ appropriate comparison is therefore with theft or grand larceny (Articles 204\
  \ and 205 of the CP-1), which do not contain the element of force or of a direct\
  \ serious threat. When comparing the above offences, we note that the offences of\
  \ accepting a benefit for unlawful intermediation and giving a gift for unlawful\
  \ intermediation are already punishable by the same penalty as the offence of theft\
  \ under the current CC-1, the offences of unauthorised acceptance of gifts, unauthorised\
  \ giving of gifts and giving of bribes are punishable by a penalty higher than that\
  \ for theft and the same as that for grand larceny, and the offence of bribe-taking\
  \ is punishable by a penalty higher than that for larceny and grand larceny.\nWith\
  \ regard to the proposal to impose a fine in addition to the prison sentence for\
  \ corruption offences, we would like to clarify that under the current CP-1, the\
  \ offences of bribe-taking and bribe-giving are already punishable by a fine in\
  \ addition to the prison sentence, and that in the case of the unauthorised acceptance\
  \ of gifts, bribe-taking and the acceptance of a benefit in return for unlawful\
  \ intervention, the accepted reward, gift and other benefit are forfeited.\nWith\
  \ regard to the proposal that corruption offences should not be time-barred before\
  \ 20 years, we would like to clarify that, in accordance with Article 90 of the\
  \ Criminal Code, where the limitation period for prosecution is determined according\
  \ to the prescribed penalty, prosecution for the offences of unauthorised acceptance\
  \ of gifts, unauthorised giving of gifts, acceptance of benefits for unlawful intermediation\
  \ and giving of gifts for unlawful intermediation and giving of a bribe is time-barred\
  \ after 10 years, and for the offence of bribe taking, after 20 years.\n "
response date: 2013-08-23
response due date: null
sent date: 2013-06-13
title: Dealing with corruption
upvotes: 13
url: https://predlagam.vladi.si/predlog/4762
